Do you have a cheating spouse? Statistically speaking, it is not impossible. And the times, they are a-changin’. Adultery seems to be more socially acceptable today than in previous generations. The question for you is, what are you going to do now? If divorce is on the horizon, the time to seek legal assistance from an experienced divorce attorney is now.
Cheating Spouse – Statistics
Infidelity impacts more marriages than you might think:
- Studies show that the label of cheating spouse could be applied to 22% of married men and 14% of married women at least once during their time together;
- Nearly 40% of cheating spouses say their flings occurred on business trips;
- 36% of cheating spouses report to having affairs with co-workers;
- Almost half of men say they knew what their cheating spouse was doing, while the same is true for just about one-third of women;
- Women who suspect their husband’s are cheating are correct 85% of the time, while men are correct about half of the time.
What Does a Cheating Spouse Mean for Your Marriage?
In this country, nearly 20% of divorces that occur cite infidelity as the primary reason for the split. If your marriage is doomed to be a statistic, you should know that California is a community property and a no-fault state. This means that any marital property must be equally divided. Except for cases of incurable insanity, the only other grounds for divorce are irreconcilable differences. Therefore, the court will not consider any evidence you may have of adultery, no matter how salacious or despicable. In other words, just because your spouse is a cur, you will not be given extra consideration in the financial or property settlement. There are, however, a few ways in which you may benefit.
What the Judge may Consider
If your spouse’s actions impacted the marital estate, the judge may consider those impacts. For instance, if funds belonging to both of you were used to buy gifts, housing, or other items for a lover, it is possible that those funds may be reimbursed to the estate prior to splitting it in half.
Also, if the cheating spouse moves in with this partner during, or shortly after the divorce, it could impact the need for that spouse to receive spousal support, since those payments are determined based on financial need.
Cheating Spouse and Child Custody
While adultery can have a devastating impact on families, it will not be a factor in determining child custody or visitation except in rare circumstances when neglect or abuse of a child can be linked to the affair itself. Continue reading →